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Govt. insults judiciary by introducing reforms through backdoor: MR

21 September 2017 05:20 pm - 38     - {{hitsCtrl.values.hits}}

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Former president Mahinda Rajapaksa today said the government has openly insulted the judiciary and flouted the Constitution by introducing changes to the Provincial Councils Election Bill through the backdoor.

Issuing a statement, he said these changes have been made when the Supreme Court (SC) had given a clear ruling that the extension of the terms of the Provincial Councils (PCs) or a postponement of elections would require a referendum in addition to a two thirds majority in Parliament.

He said all provincial councils will stand automatically dissolved in terms of Article 154E of the Constitution as they complete their five year terms.

“The Sabaragamauwa, North Central and Eastern provinces are to stand dissolved in a few days time. The other PCs will stand dissolved at various times in 2018 and 2019. Though the dissolution of the provincial councils will take place as scheduled, the latest changes to the provincial councils elections law will enable the government to indefinitely delay elections to the PCs on the excuse that constituencies need to be demarcated,” he said.

The full statement is as follows:

Indefinite postponement of the Provincial Council elections

The UNP, the SLFP faction allied to the UNP, the Tamil National Alliance, the JVP and other yahapalana conspirators acting in concert have introduced changes to the provincial councils elections  law in order to indefinitely postpone PC elections.

Even though they tried earlier to introduce a constitutional amendment to extend the terms of the existing provincial councils without holding elections, that move failed because the Supreme Court determined that such a constitutional amendment would require a referendum in addition to a two thirds majority in Parliament. Now all provincial councils will stand automatically dissolved in terms of Article 154E of the Constitution as they complete their five year terms. The Sabaragamauwa, North Central and Eastern provinces are to stand dissolved in a few days time. The other PCs will stand dissolved at various times in 2018 and 2019.

Though the dissolution of the provincial councils will take place as scheduled, the latest changes to the provincial councils elections law will enable the government to indefinitely delay elections to the PCs on the excuse that constituencies need to be demarcated. This was the same excuse this government used to postpone the elections to the local government bodies which have now been delayed by over two and a half years.

This government has stood the law making process on its head in their attempt to avoid holding elections. Amendments to Bills at the committee stage in Parliament are brought only to make minor technical changes to facilitate the passage of the Bill. But in the past few days, the government has used committee stage amendments (introduced to Bills brought for a completely different purpose) to change the system of election to local government institutions and the provincial councils.

Such gross abuse of the law making process has never before been experienced in this country. The government brought 31 pages of new amendments to completely change the PC elections system at the committee stage to a Bill less than one and a half pages in length introduced to increase women’s representation in the provincial councils.

The manner in which they changed the provincial councils election system with just days to go for the automatic dissolution of the first three provincial councils shows that they will do anything to avoid holding elections. When some political parties said that they will not vote for these amendments unless the proportion of representatives elected on the proportional representation principle are increased from 40% to 50%, the government agreed to that literally on the floor of the house.

However, when the government changed the system of election to local government bodies just days ago, the proportion of representatives elected on the proportional representation principle was fixed at 40%. Now there is a mismatch between the system of election to the local government bodies and the provincial councils. Changes are being made to the election laws without any guiding principles. These hasty and ad hoc changes to the election laws are placing the very edifice of representative democracy in this country in grave danger. 
 
The Eastern Provincial Council will be among the first three PCs to stand dissolved. Thereafter there will be no elected local government bodies or a provincial council in the East. Back in 2008 with the war still raging in the Vanni, my government held elections to local government institutions in the East in March 2008 and followed up by holding the first election to the Eastern Provincial Council in May 2008 because it was vital to introduce democracy and normalcy to that region after liberating the province from the LTTE.

A little over a decade ago, there were no local government institutions or a provincial council functioning in the East because of the terrorists. Now there are no local government bodies in the East and elsewhere as well and the existing provincial councils are to go into oblivion one by one because of the yahapalana government.

Even the JVP’s ban on elections in 1988/89 and the LTTE’s terrorism over three decades was never able to bring the electoral process in this country to a complete halt the way the present government has.

This government has also openly insulted the judiciary and flouted the Constitution by introducing changes to the provincial councils election law through the back door when the Supreme Court had given a clear ruling that the extension of the terms of the provincial councils or a postponement of elections would require a referendum in addition to a two thirds majority in Parliament. The people should unite and organize to oppose this attempt to destroy the democratic institutions in this country.  

Mahinda Rajapaksa

Former President of Sri Lanka

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  Comments - 38

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  • con.com Thursday, 21 September 2017 06:53 PM

    Memory lapse! lol !

    Kadiya Thursday, 21 September 2017 08:12 PM

    Eyata mathaka nehe ne e kaale eya kiwwe, korapu dewal!!!

    Perumal Thursday, 21 September 2017 08:51 PM

    They are insulting his judiciary.

    Voter Friday, 22 September 2017 08:41 AM

    His Cheap Justice entered through the backdoor!!!!

    Jagath Thursday, 21 September 2017 06:55 PM

    During your period didnt you insult judiciary ?

    Mandy Thursday, 21 September 2017 09:53 PM

    Your actions vis-a-vis Sarath Silva, Mohan Pieris and impeachment of CJ Shirani B, can never be equalled ever, as insults to judiciary. So with what tongue are you speaking ?

    Kadupol Jothywansa Friday, 22 September 2017 10:02 AM

    Not only insulting MR kept the Judiciary under his claws, now he is talking bull shit.

    S.T.M. Jabeer (Attorney-at-Law) Friday, 22 September 2017 10:05 AM

    Impeachment of Shirani Bandaranayake it is a curse for you man, what are you talking?

    Sunil Guruge Friday, 22 September 2017 10:06 AM

    Keeping SF behind bars - was this done according to the Law? don't conn.

    Bhathiya Thursday, 21 September 2017 06:57 PM

    I feel sad for my country. At this rate the govt will sell off the country on some pretext.

    Hakkapatas Thursday, 21 September 2017 07:00 PM

    JVP is dancing to the tunes of govt. Some SLFPers are conspiring to keep JO away.

    Harshi Thursday, 21 September 2017 07:09 PM

    What about the 18th amendment. Have you forgotten how it was called an urgent piece of legislation so that public could not challenge it before the Supreme Court and finally got through the parliament in just a few hours! You seem to have amnesia!!

    AjithZ Thursday, 21 September 2017 07:20 PM

    Who is talking? No need to say anything more.

    Yeti Thursday, 21 September 2017 08:13 PM

    Like son, like father, they say the darndest things!

    R.U.Aidiot Thursday, 21 September 2017 08:21 PM

    There was no backdoor reforms. Parliament voted with more than a 2/3rds majority. 159 voted for and only 34 against the 3rd reading which shows how weak/how hypocritical the JO is.

    vithura Thursday, 21 September 2017 10:13 PM

    Here speaks a luminary who respected the judiciary during his tenure! perhaps, early signs of senility.

    Kottawa Ariyatissa thero Friday, 22 September 2017 10:10 AM

    This man Mahinda was a dictator worst than Idi Ameen..

    P.R. Perera Friday, 22 September 2017 10:53 AM

    What the Thero says is 100% correct, Mahinda was a dictator and using his power he committed endless sins.

    Sarath Thursday, 21 September 2017 11:20 PM

    The people wanted to abolish the manape system for long time. At last all parties in parliament have got together to do it. Only your silly JO try to oppose. Why you not even go to parliament to protest this if it is such a bad law?We are grateful to all parties who pass this with 2/3 in parliament, and hope new constitution will get rid of manape evil for the parliament election also!

    ravin Friday, 22 September 2017 07:35 AM

    You are worried, majority of citizen know. Because most of your stooges would have won if manape was not there.

    D.E.M.O.Crazy Friday, 22 September 2017 08:47 AM

    He not only insulted but manipulated the judicial system. A shameless man who is not worth to be an office peon.

    Manuel Benjamin Friday, 22 September 2017 10:01 AM

    He or his sons or brothers will never again sit to rule, after all robbing our money can he talk like this? crazy fellow.

    hari Friday, 22 September 2017 09:17 AM

    just like Namal entered the judicial system through the back door

    T.K.R. Amarapala (Astrologer) Friday, 22 September 2017 09:53 AM

    Mr. Mahinda whatever you say, there is no meaning at all. even if they hold elections, you and your gangsters will badly lose, Take it from me better keep quiet.

    D. M. Karunaratne Friday, 22 September 2017 09:55 AM

    Anyway MR either you or your family members will never come to power again and MS will rule our nation for another 20 years, bet ????

    Jimonis Appuhamy Friday, 22 September 2017 09:56 AM

    Are you so greedy for power still? Feel sorry for you Mahinda putha.

    Lion Viswanathan Friday, 22 September 2017 10:54 AM

    Until MR goes to the pit, he will be greedy for power and wealth. Only God can change him.

    Lal Perera Friday, 22 September 2017 09:58 AM

    If you would have been honest like MS and RW, definitely you will win again, but you robbed our money in millions and built your family, then how could you rule again?

    D. Dharmadasa Friday, 22 September 2017 10:51 AM

    Yes, people will show mercy on your family - if all of you come to a public stage and ask for forgiveness and surrender all the looted money from the public.

    Dr. A.C.B. Jayaweera Friday, 22 September 2017 10:11 AM

    Mahinda you have no right to talk about Judiciary or Law... as you were breaking the law and ruled as a worst ruthless king those days.

    SENA Friday, 22 September 2017 10:15 AM

    Laughing from my ...... you guys know what i mean.

    malij Friday, 22 September 2017 10:57 AM

    Ideal man to talk about "Insulting judiciary" after doing everything under the sun and moon to insult the judiciary when he was the king.

    Anura Tissa Ratnayake (Lawyer) Friday, 22 September 2017 10:57 AM

    If Judiciary system works back door now, during your period it was working open door - (Example: SF and Shirani Bandaranayake) Bull shit... bull shit....

    Absent minded politician. Friday, 22 September 2017 10:59 AM

    HAVE YOU FORGOTTEN SO SOON YOUR LAWLESS REGIME PERIOD HOW DID YOU TAKE THE LAW INTO YOUR HANDS TO REMOVE THE FORMER CHIEF JUSTICE SHIRANI BANDARANAYAKE via DM Android App

    Punchi Putha Sunil Friday, 22 September 2017 11:02 AM

    Mahinda mama, please tell us openly how many billions you made on commissions and how many people you massercurred during your tenure being a ruthless king.

    Samson Samaranayake Friday, 22 September 2017 11:04 AM

    Don't talk nonsense Mahinda, you did everything against the Law and now pretending like an angel.

    CITIZEN Friday, 22 September 2017 11:41 AM

    LOOK who is talking! I think he is talking after taking "sill"!!

    Park Friday, 22 September 2017 09:36 PM

    Who insulted Judiciary? Who lifted the Chief Justice from her seat illegally in the middle of the night? Who raised the hands to vote in the Parliament to do that? Its Mahinda Rajapakse who lifted the Chief Justice and its Joint Opposition members including so called Legal Pundit GL Pieris who raised the hand to vote yes.


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